Case 3322332/2021 · Employment Tribunal
Mr S Barnes v PTM International Limited — 2022
- Case reference
- 3322332/2021
- Decision date
- 27 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Leverton
Parties
2 namedClaimant
Mr S Barnes
Respondent
Key findings
Tribunal's reasoningEmployment Judge Leverton, sitting alone, found that PTM International Ltd breached the claimant's contract by dismissing him without the week's statutory notice required by section 86 of the Employment Rights Act 1996. The tribunal awarded £675 as damages for the notice period under the Employment Tribunals Extension of Jurisdiction Order 1994.
The tribunal also held that the claimant was entitled to payment in lieu of 7.6 days' unused annual leave on termination under regulation 14 of the Working Time Regulations 1998. Using a gross daily rate of £135, it awarded £1,026 gross for holiday pay. It further found a contractual breach in the failure to reimburse petrol costs and awarded £30 damages.
In addition, the tribunal found that the respondent breached its duty under section 1 of the Employment Rights Act 1996 to give the claimant a written statement of particulars of employment. It made a section 38 Employment Act 2002 award of two weeks' pay, using the then weekly-pay limit of £544, producing an award of £1,088. The separate claim for reimbursement of ADR course costs was dismissed as not well-founded.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | Awarded as damages for the notice period under the Employment Tribunals Extension of Jurisdiction Order 1994; subject to appropriate deductions for tax and national insurance. | Upheld | — | £675 |
| Holiday pay | Payment in lieu of 7.6 days' unused annual leave under regulation 14 of the Working Time Regulations 1998, calculated at a gross daily rate of £135. | Upheld | — | £1,026 |
| Breach of contract | Award for failure to reimburse petrol costs under the Employment Tribunals Extension of Jurisdiction Order 1994. | Upheld | — | £30 |
| Other | Award under section 38 of the Employment Act 2002 for failure to give a written statement of particulars of employment; calculated as two weeks' pay using a weekly limit of £544. | Upheld | — | £1,088 |
| Other | Claim for reimbursement of the costs of an ADR course was found not well-founded and dismissed; the judgment does not identify a more specific legal label. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £2,819
- across all upheld claims
Legal tests applied
5 references- section 86 Employment Rights Act 1996
- regulation 14 Working Time Regulations 1998
- section 1 Employment Rights Act 1996
- section 38 Employment Act 2002
- Employment Tribunals Extension of Jurisdiction Order 1994
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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